Terms of Service

Last updated: February 4, 2026

These Terms of Service ("Terms"), provided by Sparkplg ("We," "Our," "Us," or "Sparkplg"), set forth the legally binding terms and conditions that govern Your access and/or use of: (a) Our mobile app, the "Sparkplg App" (which you can download from the Apple App Store or Google Play Store), (b) Our website, currently located at https://sparkplg.com, and (c) any information, content, or materials We provide You through the Sparkplg App, website, or any of Our other services (collectively, the "Services").

By accessing or using any of the Services, You are accepting and have agreed to these Terms (which incorporates by reference Our Privacy Policy), on behalf of Yourself or Your minor child (if applicable), and You represent and warrant that You have the right, authority, and capacity to enter into these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.

1. Acceptance of Terms

By creating an account or using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms and our Privacy Policy. If You are using the Service on behalf of an organization, You represent that You have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age to use Our Services. You must be 18 years of age or older to purchase paid Services or any other products or services offered by Us. If applicable laws require You to be older than the above-mentioned ages in order to use the Services, then the minimum age will be the older age under such applicable laws. By using the Service, You represent and warrant that You meet these age requirements.

3. Account Registration

To access certain features of the Service, You must create an account ("Account"). You represent and warrant that: (a) all required registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information. You may delete Your Account at any time through the app settings. We may suspend or terminate Your Account as permitted in these Terms.

You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security.

4. The Services

4.1 License. Subject to these Terms, We grant You a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for Your own personal, non-commercial use.

4.2 Restrictions. The rights granted to You in these Terms are subject to the following restrictions:

4.3 Changes to the Services. We reserve the right, at any time, to modify, update, suspend, or discontinue the Services (in whole or in part) with or without notice. You agree that We will not be liable to You or to any third party for any modification, updates, suspension, or discontinuation of the Services.

5. Content

For all Your use of the Services and everywhere in these Terms and in our Privacy Policy, Content is defined as any video, audio, or text content that is provided to You through the Services.

5.1 Content Disclaimer. We cannot guarantee that You will not be exposed to Content that is inaccurate, indecent, offensive, objectionable, inappropriate for children, or otherwise unsuited to Your purpose. You are responsible for taking precautions as necessary to protect Yourself and You agree that Sparkplg shall not be liable for any damages You allege to incur as a result.

5.2 Third-Party Content. Sparkplg may contain Content from third parties that may infringe the intellectual property or other proprietary rights of others without Our knowledge, or the downloading, copying or use of which is subject to additional terms and conditions. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM SUCH THIRD-PARTY CONTENT ON SPARKPLG OR FROM THE USE OF SUCH CONTENT BY ANY USER OF SPARKPLG.

5.3 Reporting Infringement. If any Content on Sparkplg infringes Your rights (including privacy, publicity, or intellectual property rights) or if You witness any unlawful, malicious, harmful, or otherwise objectionable Content, please inform Us at [email protected] so that We can take appropriate actions.

5.4 User Content. You retain ownership of any content You create within the Service, such as playlists. By creating content, You grant Us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Service.

★ FAIR USE COPYRIGHT DISCLAIMER

The content We feature on Sparkplg is for educational and informational purposes. The content may contain copyrighted material owned by a third party, the use of which has not always been specifically authorized by the copyright owner. Notwithstanding a copyright owner's rights under the Copyright Act, Section 107 of the Copyright Act allows limited use of copyrighted material without required permission from the rights holders, for purposes such as education, criticism, comment, news reporting, teaching, scholarship, and research. These so-called "fair uses" are permitted even if the use of the work would otherwise be infringing.

No copyright infringement intended. All clips and audio are used appreciatively, positively, and without malice solely by our creative team. They have, in accordance with fair use, been repurposed with the intent of educating and inspiring others. We must state that in NO way, shape or form are we intending to infringe the rights of the copyright holders. The content used is strictly to help educate.

  1. Videos have no negative impact on the original works;
  2. Videos add value to the speaker, audio, and visuals;
  3. Videos are also for teaching and inspirational purposes.

6. Intellectual Property

You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, contained within or provided through the Services and its content are owned by Us or Our suppliers or third-party content providers (collectively, "Sparkplg IP"). Neither these Terms nor Your access to the Services transfers to You or any third party any rights, title, or interest in or to the Sparkplg IP, except for the limited access rights expressly set forth above.

The Sparkplg name, logo, and all related names, logos, and slogans are trademarks of Sparkplg. You may not use these trademarks without Our prior written consent. Sparkplg and Our suppliers reserve all rights not expressly granted in these Terms.

7. Copyright and Intellectual Property Infringement Claims

We take the protection of intellectual property seriously. We respect the rights of others' content and intellectual property, and We expect Our Users to do the same. We reserve the right to terminate and/or disable the accounts of Users for materially or repeatedly infringing the intellectual property rights of Ours, Our suppliers, and any other third parties. Claims of copyright or other intellectual property infringement can be sent to [email protected].

Any claims of alleged copyright or other intellectual property infringement must include:

  1. Identification of the intellectual property works which are the subject of the claimed infringement.
  2. Identification of the claimed infringing activity, including the location within the Services of the infringing copy.
  3. A statement with the signature of the person making the claim, which states that he/she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information.
  4. A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.
  5. A statement as follows: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed."

In the event We receive a claim which substantially complies with the requirements above, We will remove the alleged infringing material from Our Services and notify You that the material has been removed.

8. App Stores

You acknowledge and agree that the availability of the Services is dependent on the third-party platform from which You access the Services, e.g., the Apple App Store or Google Play Store (collectively, "App Store(s)").

You acknowledge that these Terms are between You and Sparkplg and not with the App Stores. Sparkplg, not the App Stores, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any related claims.

You agree to comply with all applicable third-party terms of agreement when using the Services. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.

9. Fees and Payments

Certain features of the Services may require payment. We utilize the services of third-party payment processors to handle purchases. You agree that Your purchase of certain Services will include applicable processing fees, and such processing fees are non-refundable.

10. Disclaimers

SPARKPLG IS NOT A MEDICAL SERVICE PROVIDER AND DOES NOT OFFER MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE. THE SERVICES ARE NOT INTENDED FOR MEDICAL DIAGNOSIS OR TREATMENT. WE DO NOT ENDORSE ANY SPECIFIC PRODUCTS, PROGRAMS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH OUR SERVICES. IF YOU RELY ON ANY CONTENT OBTAINED THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPARKPLG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO SPARKPLG FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify and hold Us (and Our officers, employees, agents, representatives, affiliates, successors, and assigns) harmless from any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including without limitation reasonable attorney's fees) arising out of or in any way connected with (a) Your use of the Services, (b) Your violation of these Terms, (c) Your Content, or (d) Your violation of applicable laws or regulations.

13. Termination

We may terminate or suspend Your Account and access to the Services immediately, without prior notice or liability, for any reason, including if You breach these Terms. You may terminate Your Account at any time by deleting it through the app settings or by contacting Us. Upon termination of Your rights under these Terms, Your Account and right to access and use the Services will immediately cease.

14. Dispute Resolution

14.1 Governing Law. These Terms and the resolution of any dispute shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflict of laws principles.

14.2 Informal Resolution. Before filing a claim, You agree to try to resolve any dispute informally by contacting Us at [email protected] with a written description of the nature and basis of the claim. We will try to resolve the dispute informally within ninety (90) days.

14.3 Waiver of Class Actions. ALL CLAIMS AND DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify You of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Services following notice of any changes constitutes Your acceptance of all such changes.

16. Electronic Communications

By using Our Services, You consent to receive communications from Us in electronic form. You agree that all terms, agreements, notices, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if provided in writing.

17. General Terms

These Terms and our Privacy Policy constitute the entire and exclusive agreement between You and Sparkplg regarding the Services and supersede any prior agreements. Our failure to exercise any right or provision of these Terms shall not operate as a waiver of such right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Force Majeure. We are not responsible for anything We may otherwise be responsible for if it is the result of events beyond Our control, including but not limited to acts of God, war, pandemics, labor shortages, communication disruption, or any other event beyond Our control.

18. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]